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EUGENE WATER & ELEC. BD. v. MILLER

A159446.

417 P.3d 456 (2018)

290 Or.App. 721

EUGENE WATER & ELECTRIC BOARD, an Oregon municipal corporation, Plaintiff-Respondent, v. Michael P. MILLER, an individual, Defendant-Appellant.

Court of Appeals of Oregon.

March 14, 2018.

Attorney(s) appearing for the Case

Rohn M. Roberts , Eugene, argued the cause for appellant. With him on the briefs was John R. Roberts .

Jon W. Monson argued the cause for respondent. With him on the brief were James S. Kincaid , Nicole A. W. Abercrombie , and Cable Huston LLP.

Before Lagesen, Presiding Judge, and Egan, Chief Judge, and Edmonds, Senior Judge.

Plaintiff Eugene Water and Electric Board (EWEB) is a municipal utility company that generates electricity from the McKenzie River at its Leaburg-Walterville hydroelectric plant. EWEB owns an easement over defendant's property to excavate, construct, and maintain a waterway channel that allows fish to migrate around the Walterville plant...

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